Legal Question in Real Estate Law in Massachusetts

somebody help my mother

my 70y/old mother lives in a condo. there is continued extensive water damage in her ceiling from the ''uninsured'' tenant above. they have a young autistic child who supposedly keeps overflowing the tub. it is also possibility there could be a plumbing issue w/existing bldg piping. but ceiling would have to be removed for that to be determined. she has filed a claim w/her own home insur. the condo assoc. claims no responsibility & says the issue lies between the 2 unit owners. the upstairs party may possibly by now have a home/insur policy. we don't know. my deceased father purchased the condo & i have limited info about the bldgs. master insurance policy. a management co. operates the facility. they are not easily accesible. are we entitiled to a copy of their policy & is the condo ownership/association liable at all for this disturbing situation. this has been going on for some time. her own insur. co will pay on this claim minus a deductible. but i believe she will not be able to repeatedly submit this claim. we feell that the other parties involved (tenant & condo ownership) should have some accountability. what action can she take?

thank you,

the frustrated son


Asked on 9/30/06, 8:23 pm

2 Answers from Attorneys

Re: somebody help my mother

I would suggest you get a power of attorney to deal with the matter. I would then contact the management company for the Condo Association and Board of the Condo Association to see what action they will take to make sure this action stops.

Without trying to blame the parent of the autistic child, she should take action to stop this from happening.

Please feel free to contact me if you have more questions.

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Answered on 10/01/06, 11:11 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: somebody help my mother

What I would suggest is the following:

1. Get your mother sign a power of attorney. With this power of attorney you can then demand what ever documents you wish from the Condo Association.

2. After you get this information, then you can decide if this option is open, or if there are other options you can exercise.

Feel free to contact me if you need a consultation.

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Answered on 9/30/06, 8:46 pm


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